It was a long time coming, but there is finally clarity
regarding whether the monetary limitations of liability contained
in the Marine Liability Act S.C. 2001 (the
"MLA") as amended are inclusive or exclusive of
costs and interest.
In Algra v. Comrie Estate, 2023 ONCA 811, the Ontario
Court of Appeal upheld the decision of Munroe, J. in the lower
court finding that prejudgment interest and costs are properly
calculated in addition to the limitations of liability imposed
under the MLA.
Facts and the Original Rule 21 Motion Ruling
A fatal boat accident occurred on Lake Erie in 2011. A power
boat struck a breakwater near the harbour at Leamington, Ontario.
There were three fatalities and two passengers were injured.
Several legal actions were commenced naming, as defendants, the
owner and operator of the power boat and all levels of government.
The actions included claims for damages, costs and prejudgment
interest.
